Bill Text: MS SB2428 | 2013 | Regular Session | Introduced
Bill Title: Real estate brokers; provide for reinstatement of license after lapse due to nonpayment of fees.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2013-02-05 - Died In Committee [SB2428 Detail]
Download: Mississippi-2013-SB2428-Introduced.html
MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Business and Financial Institutions
By: Senator(s) McDaniel
Senate Bill 2428
AN ACT TO AMEND SECTION 73-35-17, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE REINSTATEMENT OF LICENSES UNDER THE MISSISSIPPI REAL ESTATE BROKERS LICENSE LAW; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 73-35-17, Mississippi Code of 1972, is amended as follows:
73-35-17. (1) A fee not to exceed One Hundred Fifty Dollars ($150.00) shall accompany an application for a real estate broker's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the fee associated with administering the test shall be collected by the testing provider and the application fee for any real estate license shall be collected by the commission.
(2) For each license as a real estate broker issued to a member of a partnership, association or officer of a corporation other than the member or officer named in the license issued to such partnership, association or corporation, a fee not to exceed Seventy-five Dollars ($75.00) shall be charged.
(3) A fee not to exceed One Hundred Twenty Dollars ($120.00) shall accompany an application for a real estate salesperson's license, and in the event that the applicant successfully passes the examination, no additional fee shall be required for the issuance of a license for a one-year period; provided, that if an applicant fails to pass the examination, he may be eligible to take the next or succeeding examination without the payment of an additional fee. In the event a contract testing service is utilized, the fee associated with administering the test shall be collected by the testing provider and the application fee for any real estate license shall be collected by the commission.
(4) (a) Except as
provided in Section 33-1-39, it shall be the duty of all persons, partnerships,
associations, companies or corporations licensed to practice as a real estate
broker or salesperson to register with the commission annually or biennially,
in the discretion of the commission, according to rules promulgated by it and
to pay the proper registration fee. An application for renewal of license
shall be made to the commission annually no later than December 31 of each
year, or biennially on a date set by the commission. A licensee failing to pay
his renewal fee after * * * it becomes due and after two (2) months' written notice
of his delinquency mailed to him by United States certified mail addressed to
his address of record with the commission shall thereby have his license
automatically cancelled. Any licensee renewing in this grace period shall pay
a penalty in the amount of one hundred percent (100%) of the renewal fee. The
renewal fee shall not exceed Seventy-five Dollars ($75.00) per year for real
estate brokers, partnerships, associations and corporations. The renewal fee
for a real estate salesperson's license shall not exceed Sixty Dollars ($60.00)
per year.
(b) Notwithstanding any provision to the contrary, any former licensee whose license has lapsed due to nonpayment of fees may reinstate that license by paying a penalty in the amount of three hundred percent (300%) of the renewal fee. No education or examination requirements shall be required to reinstate the license. The provisions of this paragraph (b) shall stand repealed on July 1, 2014.
(5) For each additional office or place of business, an annual fee not to exceed Fifty Dollars ($50.00) shall be charged.
(6) For each change of office or place of business, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(7) For each duplicate or transfer of salesperson's license, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(8) For each duplicate license, where the original license is lost or destroyed, and affidavit made thereof, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(9) To change status as a licensee from active to inactive status, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged. To change status as a licensee from inactive to active status, a fee not to exceed Fifty Dollars ($50.00) shall be charged.
(10) For each bad check received by the commission, a fee not to exceed Twenty-five Dollars ($25.00) shall be charged.
(11) A fee not to exceed Five Dollars ($5.00) per hour of instruction may be charged to allay costs of seminars for educational purposes provided by the commission.
(12) A fee not to exceed Twenty-five Dollars ($25.00) may be charged for furnishing any person a copy of a real estate license, a notarized certificate of licensure or other official record of the commission.
(13) A fee not to exceed One Hundred Dollars ($100.00) shall be charged to review and process the application and instructional materials for each curriculum seeking acceptance as a real estate continuing education course developed to satisfy the mandatory continuing education requirements for this chapter, with the period of approval expiring after one (1) year. A fee not to exceed Fifty Dollars ($50.00) shall be charged for each renewal of a previously approved course, with the period of renewal expiring after one (1) year.
(14) Fees, up to the limits specified herein, shall be established by the Mississippi Real Estate Commission.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.
